UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERALAVIATION ADMINISTRATION

WASHINGTON, DC

Regulator Docket No. ______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Barton Ventures, Inc

FORN AN EXEMPTION SEEING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF UNMANNED 

AIRCRAFT

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZAION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on April 30, 2015

Barton Ventures, Inc.

3049 Bay Shore Lane

Suffolk, VA 23435

Tel: (757) 572-7060

GLOSSARY	OF	ABBREVIATIONS...........................................................................................3
2

SUMMARY....................................................................................................................................4

INTRODUCTION	AND	INTEREST	OF	THE	PETITIONER................................................4

BACKGROUND............................................................................................................................5

BASIS	FOR	PETITION ...............................................................................................................5

CONCLUSION............................................................................................................................ 29
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization 

AV Aerial Vehicle 

BVI Barton Ventures, Inc.

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link

NAS National Airspace System 

NOTAM Notice to Airman

PIC Pilot In Command

RPA Remotely Piloted Aircraft

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing 
4

SUMMARY

Barton Ventures, Inc (BVI) seeks exemption from the requirements of 14 C.F.R 

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (UAS) pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit BVI to operate a Remotely Piloted Aircraft (RPA) or UAS for the 

commercial purpose of conducting aerial video and photography of construction sites, 

real estate property, film sets and natural landscapes in the United States. 

INTRODUCTION AND INTEREST OF THE PETITIONER

BVI was founded by J. David Barton, a professional with more than twelve years 

experience in the commercial UAS market. Mr. Barton’s work has pioneer systems to 

enable on-board, as well as Ground Control Station (GCS) based systems for processing, 

storing and disseminating of data collected via RPA or UAS systems by the United States 

Government. Technology developed by Mr. Barton is operationally deployed on systems 

supporting the Global War on Terror for the United States Government. In addition to 

the unique industry specific, Mr. Barton has sixteen years of Information Technology

experience that includes wireless communication systems, networking systems and 

multimedia systems. Legal, hobby model aircraft operation has been a passion for Mr. 

Barton and in such he has owned a number of fixed wing and multirotor platforms. He 

has significant experience in safely operating model aircraft. Mr. Barton founded BVI to 

apply his vast knowledge and experience of Information Technology as well as UAS data 

and systems to civilian commercial products and services in multiple markets. The 

products and services of BVI is positioned to be an end-to-end spectrum of software 
5

products, services or data products that can be purchased digitally or physically. Our 

products and services can be collection and delivery of raw data from UAS, post 

processed data collected from UAS, analysis of data collected from UAS, UAS training, 

geotagged digital photos or digital full motion video. The products and services can be 

utilized in a number of commercial applications to include, but not limited to agriculture, 

mapping, surveying, motion picture filming, marketing, real estate , research and 

development as well as search and rescue. It is the mission of BVI to provide these 

aforementioned products and services for commercial profit and non-profit projects. 

BACKGROUND

BVI seeks an exemption to operate a UAS platform from DJI for commercial 

purposes in the United States National Airspace System. BVI will maintain a number of 

small UAS that are from DJI. The primary platform desired for use is the DJI Phantom 2 

Vision+ platform, a multirotor platform with Vertical Takeoff and Landing (VTOL) 

capabilities controlled by operators maintaining Visual Line of Sight (VLOS) with a GCS 

application running on a mobile device or table to provide the aerial vehicle’s (AV) 

telematics data to include, but not limited to; altitude above ground level (AGL), speed, 

heading and batter level. The DJI Phantom 2 Vision+ has a maximum gross weight of 

approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 

inches, height of 8 inches, and a maximum speed of approximately 29 knots. 

BASIS FOR PETITION
6

Petitioner, BVI, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 2 Vision+ UAS in the NAS, and 

for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, BVI’s operation of DJI Phantom 2 Vision+ 

UASs meets the conditions of FMRA Section 333 and therefore, will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, BVI requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

BVI submits that the requested relief is proper, as an equivalent level of safety

will be ensured. BVI will ensure all safety and maintenance procedures outline by the 

UAS manufacture are complied with. Only authorized personnel or technicians will 

perform maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents provided by the UAS manufacture. All 

maintenance will be logged in the UAS maintenance record maintained by BVI. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private 

pilot privileges and limitations: Pilot in command, is requested by BVI to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by 
7

meeting minimum flight- hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 2 Vision+ UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

BVI seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 Vision+ UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, BVI submits that all maintenance 

and care will be conducted to will ensure the DJI Phantom 2 Vision+ UAS is in an 

airworthy condition, prior to every flight, by determining that the UASs are in 

compliance with the operating documents provided by the UAS manufacture, and that the 

aircraft are in a condition for safe flight. 

BVI seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2 Vision+ UA will not have a typical aircraft 

barometric altimeter onboard. Altitude is measured using barometric and Global 

Positioning System (GPS) sensors. The UA provides the information to the LOS operator 

via a GCS application for real time flight telematics. The flight telematics aid the 

operator ensuring compliance and safe operation of the UA within visual line of sight, at 

or below 400 feet AGL, with the majority of flights at or below 200 feel AGL, will 

ensure a level of safety equivalent to Section 91.121. 

Additionally, BVI seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. BVI submits that 

granting an exemption will reduce current risk levels, as there is reliance on combustible 

fuel for the operation of the DJI Phantom 2+. Operation of the DJI Phantom 2 Vision+ 
8

UAs during daylight hours in visual meteorological conditions (VMC) under visual flight 

rules (VFR) will ensure the UA is operated in a safe manner compliant with applicable 

regulations. 

In accordance with 14 C.F.R. § 11.81, BVI provides the following information in 

support of its petition for exemption:

1) Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is: 

Barton Ventures, Inc.

3049 Bay Shore Lane

Suffolk, VA 23435

Tel: (757) 572-7060

email: bartonventures@icloud.com

2) The Specific Sections Of 14 C.F.R. From Which BVI Seeks Exemption. 

a) BVI Seeks Exemption From The Requirements Of Section 61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

i) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

ii) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or 

hire. 

b) BVI Seeks Exemption From The Requirements Of Section 91.7(a). 
9

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

i) No person may operate a civil aircraft unless it is in an airworthy condition. 

c) BVI Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 

i) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is 

set, when operating--

(1) Below 18,000 feet MSL, to--

(a) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(b) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

(c) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure. 

d) BVI Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: 

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections, except as provided in paragraph 
10

of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter[.] 

e) Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following: 

i) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless--

ii) (1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.] 

f) BVI Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, it 

has had –

(1) An annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person 

authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

g) BVI Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 
11

following: 

i) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—

(2) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

(3) The date of completion of the work performed; and 

(4) The signature, and certificate number of the person approving the aircraft 

for return to service. 

ii) Records containing the following information: 

(1) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

(2) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. 

(3) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 
12

(4) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

(5) The current status of applicable Airworthiness Directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(6) Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, 

and appliances. 

iii) The owner or operator shall retain the following records for the periods 

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after 

the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 

of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service. 

3) The Extent Of Relief BVI Seeks And The Reason BVI Seeks The Relief. 

a) Extent Of Relief BVI Seeks And The Reason BVI Seeks Relief From Section 

61.113(a) And (b). 
13

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a 

PIC holding a private pilot or higher level certificate, as well as a current and 

valid airman medical certificate, and who has met certain flight-hour and 

currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) 

and (b) state that a private pilot may, for compensation or hire, act as PIC of 

an aircraft in connection with any business or employment if: (1) The flight is 

only incidental to that business or employment; and (2) The aircraft does not 

carry passengers or property for compensation or hire. 

As set forth more fully below, BVI submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI 

Phantom 2 Vision+ UAS unless that PIC has met certain BVI flight-hour 

training requirements, demonstrating that the PIC is able to safely operate 

either the DJI Phantom 2 Vision+ UAS in a manner consistent with the 

operations specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Further, BVI submits that all flights of the DJI Phantom 2 Vision+ UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to BVI business; and (2) will not carry passengers or property for 

compensation or hire. 
14

b) Extent Of Relief BVI Seeks And The Reason BVI Seeks Relief From Section 

91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is 

requested to the extent required to allow BVI personnel to determine that the DJI 

Phantom 2 Vision+ UAS is in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the 

BVI Standard Operating Procedures (SOP), Monthly Maintenance Log, and DJI

Phantom 2 Vision+ documentation). 

BVI seeks the requested relief because the DJI Phantom 2 Vision+ UASs 

does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Therefore, BVI personnel will ensure that the DJI Phantom 2 Vision+ 

UAS is in airworthy condition based upon its compliance with the operating

documents (i.e., Maintenance Logs, BVI SOP and manufacture documentation) 

prior to every flight, and further, determine that the aircraft are in condition for 

safe flight, as stated in the conditions and limitations below. 

c) Extent Of Relief BVI Seeks And The Reason BVI Seeks Relief From Section 

91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to 

allow flight operations of the DJI Phantom 2 Vision+ which utilize a barometric 

pressure sensor, GPS equipment, and a radio communications telemetry data link 

to downlink altitude information from the UA to the PIC at the GCS. Since the 

FAA requires that any altitude information concerning UAS operations be 
15

reported to air traffic control (ATC) in feet above ground level (AGL), BVI seeks 

the requested relief as the DJI Phantom 2 Vision+ UA altimeter may be set on the 

ground to zero feet AGL, rather than the local barometric pressure or field 

altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 

CFR 91.121 is sought to the extent necessary to comply with the applicable 

conditions and limitations stated below. As more fully set forth herein, an 

equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ is

equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior 

to each flight, and provides the PIC with altitude information of the UA on the 

heads-up display of the GCS. 

d) Extent Of Relief BVI Seeks And The Reason BVI Seeks Relief From Section 

91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery 

powered UA during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR). BVI seeks the requested relief as the UAS does 

not utilize traditional aircraft combustible fuel, rather the UAS is battery powered. 

Significantly, as set forth below, the technical specifications of the DJI

Phantom 2 Vision+ UAS operating documents, and BVI proposed operating 

limitations, ensure that BVI will safely operate the battery powered DJI Phantom 
16

2 Vision+ UA during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR).

e) Extent Of Relief BVI Seeks And The Reason BVI Seeks Relief From Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

only apply to aircraft with an airworthiness certificate, BVI requests relief from 

these Sections because the DJI Phantom 2 Vision+ UAS do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 

Vision+ UAS meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, BVI will only use authorized technicians 

to perform maintenance on the UAS using authorized methods. BVI will

document all maintenance activities and keep the maintenance activity records for 

the BVI UAS. 

f) The Reasons Why Granting BVI’s Request Would Be In The Public Interest; 

That Is, How It Would Benefit The Public As A Whole. 

Granting BVI’s Petition will further the public interest by allowing BVI to 

conduct training for BVI personnel as well as other parties interested in proper 

and safe recreational or commercially operating of UAS, employment of small 

UAS is efficient and more economical for certain type of activities such as

construction site photography, land surveying, aerial video and photography of 

real estate, special events, film sets, and landscape over certain areas of the United 

States. 
17

Additionally, use of the small battery powered UAS will decrease 

congestion of the NAS for certain activities, reduce pollution, and provide 

benefits to the economy. 

g) The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which BVI Seeks Exemption. 

i) Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs Meet 

The Conditions Of The FAA Modernization and Reform Act of 2012 

(FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area 

associated with the unmanned aircraft and its operation, BVI’s operation of 

the BVI UAS meets the conditions of FMRA Section 333, and will not require 

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security. Specifically, FMRA Section 333 states the following, in 

part: 

(1) In General.--Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before 
18

completion of the plan and rulemaking required by section 332 of this Act 

or the guidance required by section 334 of this Act. 

ii) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to 

users of the national airspace system or the public or pose a threat to 

national security; and 

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

iii) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft systems in the national airspace system. 

In seeking this exemption, BVI submits the DJI Phantom 2 Vision+ UAS can

be operated safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by: (A) the characteristics of the DJI Phantom 2 Vision+ UAS; (B) the pilot 

certification requirement; and (C) the specific operating limitations. 

A. The Specifications Of The DJI Phantom 2 Vision+ UAS 

Demonstrate Its Safe Characteristics. 
19

The DJI Phantom 2 Vision+ UAS does not create a hazard 

to users of the NAS or the public, or otherwise pose a threat to 

national security considering its size, weight, speed, and 

operational capability. BVI UAS utilizes four counter-rotating 

propellers for extreme balance, control and stability that is aided 

by GPS and other on board sensors. In the event of an unexpected 

loss of communication with the UAS it will return to a pre-defined 

location at a pre-determined altitude AGL. If the UAS has returned 

to the pre-defined location and altitude with a low battery the UAS 

will safely land at the pre-determined location.

B. Technical Specifications Of The DJI Phantom 2 Vision+ UAS. 

The technical specifications of the DJI Phantom 2 Vision+ 

UAS is set forth by the DJI Phantom 2 Vision+ manufacture is as 

follows:

Battery

5200mAh LiPo

Weight (Battery & Propellers Included)

1160g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tilt Angle
20

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s (Not Recommended)

Diagonal Length

350mm

Tilting Range Of Gimbal

0°-60°

C. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 

Will Be Conducted Pursuant To Specific Operating 

Limitations. 

a. BVI UASs weigh less than 55 pounds; 

b. BVI only operates its UASs below 400 feet; 

c. BVI UASs only operate for 5-25 minutes per flight; 

d. BVI remote control pilots operate BVI UASs by visual line 

of sight (VLOS) at all times. This requires the operator to 

be able to use human vision unaided by any device other 

than corrective lenses, as specified on the PIC’s FAAissued airman medical certificate;

e. BVI remote control pilots have video backup should they

somehow lose sight of the UAS; 
21

f. BVI UASs have GPS flight modes whereby they hover and 

then slowly land if communication with the remote control 

pilot is lost or battery power is low; 

g. BVI actively analyses electronic flight data and other 

sources of information to constantly update and enhance 

safety protocols; 

h. BVI always obtains all necessary permissions and permits 

prior to operation; and, BVI has procedures in place to 

abort flights in the event of safety breaches or potential 

danger. 

i. The pre-flight inspection by BVI personnel must account 

for all potential discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant 

sections of the operating documents. 

j. The UA may not operate within 5 nautical miles of an 

airport reference point as denoted on a current FAApublished aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the 

operation is conducted in accordance with a Notice to 

Airman (NOTAM) as required by the operator’s COA. The 

letter of agreement with the airport management must be 

made available to the Administrator upon request. 
22

k. If the UA loses communications for a pre-defined period of 

time or loses its GPS signal, it must return to a predetermined location within the planned operating area and 

land or be recovered in accordance with the operating 

documents. 

l. Any incident, accident, or flight operation that transgresses 

the lateral or vertical boundaries of the operational area as 

defined by the applicable COA must be reported to the 

FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

h) Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety. 

BVI submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Considering BVI’s proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to 

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship 
23

skills necessary to safely operate the DJI Phantom 2 Vision+ UAS, BVI submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for BVI’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

BVI will not allow any PIC to operate the UAS unless that PIC has demonstrated, 

by meeting minimum flight-hour requirements or UAS training and currency

requirements, that the PIC is able to safely operate the UAS in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of 

UAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days 

(for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure an 

equivalent level of safety during BVI’s proposed operations. The Administrator has held 

that prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 
24

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours 

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and model 

time may be included in the 10 hours of multi-rotor time and the 10 hours may be 

included in the total 25 hours of UAS rotorcraft time. In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 

90 days (for currency purposes). The FAA finds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. 

During training, proficiency, and experience-building flights the PIC is required 

to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15.

Accordingly, BVI will ensure safe operations by not allowing any PIC 
25

to operate the UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

i) Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be 

maintained utilizing pre flight SOP, BVI will ensure that the UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) 

specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

j) Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be 

maintained because the altitude information of the UA will be provided to the PIC 

via GPS equipment and a radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path and 

altitude. This altitude information, combined with BVI’s operation of the UA 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety 
26

equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

k) Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety

established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical 

specifications of the UAS; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, BVI will 

ensure that it will safely operate the battery powered UA during daylight hours in 

VFR conditions. 

Here, as in Exemption No. 11109, the technical specifications of theUAS; 

the limitations on the proposed flight operations; and the location of the proposed 

operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the UAS provide 

audible and visual warnings to the PIC at the GCS when the UAs experiences low 

battery voltage. At the critically low battery level, the UAS will descend and land 

automatically. 
27

Significantly, previous exemptions granted by the FAA concerning 

Section 91.151 establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. Relief has 

been granted for manned aircraft to operate at less than the minimums prescribed 

in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, 

the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

l) Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely 

Affect Safety. 

In seeking this exemption, BVI submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established 

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

will be met as BVI will use only authorized technicians to perform maintenance 

on the UASs using the authorized methods, techniques, and practices.

Furthermore, BVI will document and maintain all maintenance records for the DJI 

UAS. 

The UAS will be inspected as prescribed by the operating documents, BVI

will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). 
28

Likewise, the exemption sought will not adversely affect safety as BVI

will only use authorized technicians to preform maintenance on the UAS using 

the authorized methods, techniques, and practices 

Furthermore, the exemption sought would maintain an equivalent level of 

safety established by Sections 91.407, 91.417(a) and 91.417(b), because all 

maintenance of the UAS will be performed by authorized technicians. 

Maintenance will be documented and maintained utilizing the maintenance log. 

Significantly, previous exemptions granted by the FAA concerning 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

establish that safety is not adversely affected when the technical characteristics 

and operating limitations of the UAS are considered. 

In consideration of BVI’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS, BVI 

submits that safety will not be adversely affected by granting exemption from 14 

C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) 

and (b). The FAA has previously granted relief specific to UAS in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

m) A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which Stephen J. Tyler Seeks Exemption: 
29

Barton Ventures, Inc. seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption Stephen J. Tyler 

Seeks: 

This exemption will permit Barton Ventures, Inc. to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

CONCLUSION

As set forth herein, BVI seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit safe operation of the DJI Phantom 2 Vision+ UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of 2012, while also advancing the interests of the public, by allowing 

BVI to safely, efficiently, and economically operate the UAS commercially within the 

NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, BVI respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit BVI to operate the UAS 
30

commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States. BVI respectfully requests that FAA exercise its authority to 

issue the exemption sought by BVI pursuant to the Federal Aviation Act, 85 P.L. 726 

(1958), as amended (the "Act") without delay.

Sincerely,

J. David Barton

Barton Ventures, Inc.

3049 Bay Shore Lane

Suffolk, VA 23435